1 CGHC010204942021 2026:CGHC:36977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 494 of 2021 1 - Smt. Pemin Bai Wife Of Late Bhagwani Ram Dehari Aged About 46 Years Resident Of Village Tarri, Tehsil Gurur, District Balod, Chhattisgarh., District : Balod, Chhattisgarh 2 - Yashwant Kumar Son Of Late Bhagwani Ram Dehari Aged About 26 Years Resident Of Village Tarri, Tehsil Gurur, District Balod, Chhattisgarh. 3 - Khileshwar Son Of Late Bhagwani Ram Dehari Aged About 24 Years Resident Of Village Tarri, Tehsil Gurur, District Balod, Chhattisgarh. ... Appellant (s) versus 1 - Dhananjai Thakur Son Of Shri Parmanand Thakur Aged About 35 Years Resident Of Village Tarri, Police Station Gurur, District Balod, Chhattisgarh (Driver And Registered Owner Of The Offending Vehicle), District : Balod, Chhattisgarh 2 - The Oriental Insurance Company Limited Through Regional Office Madina Majil, Kachari Chowk, Jail Road Raipur, District Raipur, Chhattisgarh (Insurer Of Offending Vehicle) ... Respondent(s) For Appellant(s) : Mr. Amit Nayak, Advocate on behalf of Mr. Avinash Chand Sahu, Advocate. For Respondent No.1 : None. 2 For Respondent No.2 : Mr. Anupam Dubey, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (18.08.2026) 1. As per mediation report dated 08.09.2020, the mediation could not be finalized due to absence of the parties and therefore, the case was listed before this Court. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 23.03.2021, passed in Claim Case No.152/2019, whereby the learned Claims Tribunal has awarded a total sum of Rs.9,10,800/- as compensation for the death of Late Bhagwani Ram Dehari, who died in a road accident which took place on 18.01.2019. 3. Learned counsel for the appellants submits that the learned Claims Tribunal has awarded inadequate amounts under the other conventional heads. He further submits that the claim petition was filed by three claimants, (the wife and two children), but the consortium was awarded to only two of them. Accordingly, the amount under the head of consortium deserves to be suitably enhanced in view of the judgment of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680. 4. None for respondent No.1. 5. Mr. Anupam Dubey, learned counsel for respondent No.2/Insurance Company supporting the impugned award submits that the learned Claims Tribunal has awarded just and proper 3 compensation, which needs no interference by this Court. 6. I have heard learned counsel appearing for the appellants and respondent No.2 & perused the record of the Tribunal, including award impugned. 7. Upon perusal of the impugned award, it is evident that the learned Claims Tribunal has awarded Rs.15,000/- towards loss of estate, Rs.15,000/- towards funeral expenses, and Rs.80,000/- (Rs.40,000/- towards spousal consortium to appellant No.1 and Rs.40,000/- towards parental consortium to appellant Nos. 2 and 3 jointly), aggregating to Rs.1,10,000/- under the conventional heads. While awarding the aforesaid amounts, the Tribunal has not awarded any amount towards parental consortium to claimant No.3, the son of the deceased. Thus, the award under the head of consortium is liable to be enhanced by granting appropriate compensation towards parental consortium to claimant No.3, in terms of the principles laid down in Pranay Sethi (supra). Accordingly, the amount payable towards consortium is enhanced to Rs.1,20,000/-, i.e., Rs.40,000/- each to the three claimants. 8. Thus, the compensation payable under the conventional heads is recomputed as under :- S.No. Heads Awarded by the Tribunal Awarded by this Court 01. Towards Loss of consortium to all the 3 claimants Rs.80,000/- Rs. 40,000x3 = Rs. 1,20,000/- Total Rs. 80,000/- Rs. 1,20,000/- 9. Since, the learned Tribunal has already awarded Rs.80,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.40,000/- (Rs.1,20,000 – 80,000) under 4 the said head. 10. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 40,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 11. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.19 16:10:47 +0530